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History of the Constitution of the Roman Republic

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Through Roman Empire and Monarchy

The Roman aristocracy was composed of a class of citizens called Patricians (Latin: patricii), while all other citizens were called Plebeians (Latin: plebs) . During the first phase of political development, the Patrician aristocracy dominated the state, and the Plebeians began seeking political rights. During the second phase, the Plebeians completely overthrew the Patrician aristocracy, and since the aristocracy was overthrown simply through alterations to the Roman law, this revolution was not violent. The third phase saw the emergence of a joint Patricio-Plebeian aristocracy, along with a dangerous military situation that helped to maintain internal stability within the Republic. The fourth phase began shortly after Rome's wars of expansion had ended, because without these wars, the factor that had ensured internal stability was removed. While the Plebeians sought to address their economic misfortune through the enactment of laws, the underlying problems were ultimately caused by the organization of society. The final phase began when Julius Caesar crossed the Rubicon river, and ended with the complete overthrow of the Republic. This final revolution triggered a wholesale reorganization of the constitution, and with it, the emergence of the Roman Empire.

The Patrician era (509–367 BC)

According to legend, the Roman Kingdom was founded in 753 BC, and was ruled by a succession of seven kings. The last king, Lucius Tarquinius Superbus, ruled in a tyrannical manner and, in 510 BC, his son Sextus Tarquinius raped a noblewoman named Lucretia. Lucretia, the wife of a senator named Lucius Tarquinius Collatinus, committed suicide because of the rape, and this led to a conspiracy which drove Tarquin from the city. With Tarquin's expulsion, the Roman Republic was founded, and the chief conspirators, Collatinus and the senator Lucius Junius Brutus, were elected as the first Roman consuls (i.e. chief-executives). While this story may be nothing more than a legend which later Romans created in order to explain their past, it is likely that Rome had been ruled by a series of kings, who probably were, as the legends suggest, overthrown quickly.

The executive magistrates

The constitutional changes which occurred immediately after the revolution were probably not as extensive as the legends suggest, as the most important constitutional change probably concerned the chief executive. Before the revolution, a king (rex) was elected by the senators (patres or "fathers") for a life term, but now two praetores ("leaders") were elected by the citizens for an annual term. These magistrates were eventually called "consuls" (Latin for those who walk together), and each consul checked his colleague, while their limited term in office opened them up to prosecution if they abused the powers of their office. The chief executive was still vested with the same grade of imperium ("command") powers as was the old king, and the powers of each of the two consuls, when exercised together, were no different than were those of the old king. In the immediate aftermath of the revolution, the Roman Senate and the Roman assemblies were nearly as powerless as they had been under the monarchy.

During the years of the monarchy, only Patricians (patres or "fathers") were admitted to the Senate. The revolution of 510 BC so depleted the ranks of the Senate, however, that a group of Plebeians were drafted (conscripti) to fill the vacancies. The old Senate of Patricians (patres) transitioned into a Senate of patres et conscripti ("fathers and conscripted men"). These new Plebeian senators, however, could neither vote on an auctoritas patrum ("authority of the fathers" or "authority of the Patrician senators"), nor be elected interrex. In the year 494 BC, the city was at war, but the Plebeian soldiers refused to march against the enemy, and instead seceded to the Aventine Hill. The Patricians quickly became desperate to end what was, in effect, a labor strike, and thus they quickly agreed to the demands of the Plebeians, that they be given the right to elect their own officials. The Plebeians named these new officials Plebeian Tribunes (tribuni plebis), and gave them two assistants, the Plebeian Aediles (aediles plebi).

During the early years of the Republic, the Plebeians were not allowed to hold ordinary political office. In 445 BC, the Plebeians demanded the right to stand for election to the consulship, but the senate refused to grant them this right. After a long resistance to the new demands, the Senate (454) sent a commission of three patricians to Greece to study and report on the legislation of Solon and other lawmakers. When they returned, the Assembly (451) chose ten men – decemviri – to formulate a new code, and gave them supreme governmental power in Rome for two years. This commission, under the presidency of a resolute reactionary, Appius Claudius, transformed the old customary law of Rome into the famous Twelve Tables, submitted them to the Assembly (which passed them with some changes), and displayed them in the Forum for all who would and could to read. The Twelve Tables recognised certain rights and gave the plebs their own representatives, the tribunes. However, the Consulship remained closed to the Plebeians. Consular command authority (imperium) was granted to a select number of military tribunes. These individuals, the so-called consular tribunes, were elected by the Centuriate Assembly, and the senate had the power to veto any such election. This was the first of many attempts by the Plebeians to achieve political equality with the Patricians. Starting around the year 400 BC, a series of wars were fought, and while the Patrician aristocracy enjoyed the fruits of the resulting conquests, the Plebeians in the army became exhausted and bitter. They demanded real concessions, and so in 367 BC a law was passed (the "Licinio-Sextian law") which dealt with the economic plight of the Plebeians. However, the law also required the election of at least one Plebeian Consul each year. The opening of the Consulship to the Plebeians was probably the cause behind the concession of 366 BC, in which the Praetorship and Curule Aedileship were both created, but opened only to Patricians.

The Senate and legislative assemblies

Shortly after the founding of the Republic, the Centuriate Assembly became the principle Roman assembly in which magistrates were elected, laws were passed, and trials occurred. During his consulship in 509 BC, Publius Valerius Publicola enacted a law (the lex Valeria) which guaranteed due process rights to every Roman citizen. Any condemned citizen could evoke his right of Provocatio, which appealed any condemnation to the Centuriate Assembly, and which was a precursor to habeas corpus. Also around this time, the Plebeians assembled into an informal Plebeian Curiate Assembly, which was the original Plebeian Council. Since they were organized on the basis of the Curia (and thus by clan), they remained dependent on their Patrician patrons. In 471 BC, a law was passed due to the efforts of the Tribune Volero Publilius, which allowed the Plebeians to organize by Tribe, rather than by Curia. Thus, the Plebeian Curiate Assembly became the Plebeian Tribal Assembly, and the Plebeians became politically independent.

During the Roman Kingdom, the king nominated two quaestors to serve as his assistants, and after the overthrow of the monarchy, the consuls retained this authority. However, in 447 BC, Cicero recorded that the quaestors began to be elected by a tribal assembly that was presided over by a magistrate. It seems as though this was the first instance of a joint Patricio-Plebeian Tribal Assembly, and thus was probably an enormous gain for the Plebeians. While Patricians were able to vote in a joint assembly, there were never very many Patricians in Rome. Thus, most of the electors were Plebeians, and yet any magistrate elected by a joint assembly had jurisdiction over both Plebeians and Patricians. Therefore, for the first time, the Plebeians seemed to have indirectly acquired authority over Patricians. During the 4th century BC, a series of reforms were passed (the leges Valeriae Horatiae), which ultimately required that any law passed by the Plebeian Council have the full force of law over both Plebeians and Patricians. This gave the plebeian tribunes, who presided over the Plebeian Council, a positive character for the first time. Before these laws were passed, tribunes could only interpose the sacrosanctity of their person (intercessio) to veto acts of the Senate, assemblies, or magistrates. It was a modification to the Valerian law in 449 BC which first allowed acts of the Plebeian Council to have the full force of law, but eventually the final law in the series was passed (the "Hortensian Law"), which removed the last check that the Patricians in the senate had over this power.

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